Rule2021-15806
Drawbridge Operation Regulation; Fox River, Oshkosh, WI
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 26, 2021
Effective
August 25, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is amending the operating schedule that governs the Canadian National Railroad Bridge, mile 55.72, across the Fox River to operate remotely. The request was made by the bridge owner. This rule re-establishes remote operations of the bridge and will not change the operating schedule of the bridge.
Full Text
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<title>Federal Register, Volume 86 Issue 140 (Monday, July 26, 2021)</title>
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[Federal Register Volume 86, Number 140 (Monday, July 26, 2021)]
[Rules and Regulations]
[Pages 39963-39965]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-15806]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2020-0056]
RIN 1625-AA09
Drawbridge Operation Regulation; Fox River, Oshkosh, WI
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Final rule.
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SUMMARY: The Coast Guard is amending the operating schedule that
governs the Canadian National Railroad Bridge, mile 55.72, across the
Fox River to operate remotely. The request was made by the bridge
owner. This rule re-establishes remote operations of the bridge and
will not change the operating schedule of the bridge.
DATES: This rule is effective August 25, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Type USCG-
2020-0056 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Lee D. Soule, Bridge Management Specialist, Ninth
Coast Guard District; telephone 216-902-6085, email
<a href="/cdn-cgi/l/email-protection#c985acace78de79aa6bca5ac89bcbaaaaee7a4a0a5"><span class="__cf_email__" data-cfemail="014d64642f452f526e746d6441747262662f6c686d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of proposed rulemaking (Advance, Supplemental)
Sec. Section
TD Temporary deviation with request for comments
U.S.C. United States Code
II. Background Information and Regulatory History
In 2010 we published a NPRM to solicit comments concerning allowing
the Canadian National Railroad Bridge, mile 55.72 to operate remotely
(75 FR 76322, December 8, 2010; USCG-2010-1029). The public requested
the bridge owner to install and maintain additional warning lights. The
NPRM was withdrawn because the railroad refused to install and maintain
the additional warning lights the public requested (76 FR 13312, March
11, 2011). Recently, the Railroad has agreed that from April 27 through
October 7 additional warning lights, specifically those alternating
flashing red lights that mimic a Grade Crossing Signal commonly found
at highway railroad crossing would be installed and maintained to warn
mariners that the bridge was about to close. The remote operator shall
also announce that the bridge is opening or closing on VHF-FM Marine
Radiotelephone. The owners of the bridge shall maintain 2 board gauges
in accordance with 33 CFR 118.160. The remote drawtender may be
contacted by mariners at any time by radiotelephone or commercial phone
number; this information shall be so posted on the bridge so that they
are plainly visible to vessel operators approaching the up or
downstream side of the bridge.
The current winter operating schedule requiring vessels to provide
at least 12-hours advance notice for a bridge opening during the winter
will remain in effect. Additionally, the clearance gauges would still
be required to indicate to vessels the water levels and clearance while
the bridge is in the closed position. During the comment period, a
tender will be at the bridge to allow the public to observe the
proposed bridge operations. We
[[Page 39964]]
published an after the fact TD in the Federal Register (85 FR 54496) on
September 2, 2020, for a test schedule that ran from April 26, 2020,
through September 2, 2020. Posting in the Federal Register was delayed
due to COVID-19 but we supplemented the request with direct emails,
Local Notice to Mariners, and internet based meetings platforms. No
comments were received.
We published a NPRM in the Federal Register (86 FR 18925) that was
published on April 12, 2021, and requested comments until June 11,
2021. We received one comment concerned with general safety at the
bridge. The commenter predicted remotely operating the bridge would
result in a higher risk of allision and collisions at the bridge along
with increased delays for boaters. Most of the commenter's concerns
were addressed in the TD and NPRM and no reports of mishap or allision
was received during the TD. The commenter stated long delays at the
bridge for vessels; however, the Coast Guard has not received any
reports of delay in approximately five years.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
This rule will allow the bridge to operate remotely and it will not
change the operating schedule of the bridge. The bridge will open on
signal, except when ice forms in the waterway and vessels can request
an opening if a 12-hour advance notice is provided.
IV. Discussion of Final Rule
We carefully reviewed the comments and did not find good reason to
alter the language as published in the NPRM.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protesters.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, it has
not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the ability that
vessels can still transit the bridge given advanced notice in the
winter and by signal all other times.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rule. The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section V. A
above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Government
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
We did not receive any comments from Indian Tribal Governments.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, Rev.1, associated implementing
instructions, and Environmental Planning Policy COMDTINST 5090.1
(series) which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The
Coast Guard has determined that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This rule promulgates the operating
regulations or procedures for drawbridges and is categorically excluded
from further review, under paragraph L49, of Chapter 3, Table 3-1 of
the U.S. Coast Guard Environmental Planning Implementation Procedures.
Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this rule.
[[Page 39965]]
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; and Department of
Homeland Security Delegation No. 0170.1.
0
2. Amend Sec. 117.1087 by revising paragraph (c) to read as follows:
Sec. 117.1087 Fox River.
* * * * *
(c) The draw of the Canadian National Railroad Bridge at mile 55.72
shall open on signal, except from October 8 through April 26; the draw
shall open if at least 12-hours advance notice is given. The bridge is
authorized to be operated remotely. The owners of the bridge shall
provide and keep in good legible condition two board gauges painted
white with black figures to indicate the vertical clearance under the
closed draw at all water levels. The gauges shall be so placed on the
bridge that they are plainly visible to operators of vessels
approaching the bridge either up or downstream. The bridge shall
operate and maintain a VHF-FM Marine Radio. In addition to the required
bridge lights, the owner's shall install and maintain alternating red
lights in a horizontal line that mimic grade crossing lights and bell
to warn mariners that the bridge is lowering.
* * * * *
M.J. Johnston,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2021-15806 Filed 7-23-21; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on July 26, 2021.
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